The Purchasing Agent shall structure the procurement procedures and activities of the County to facilitate and encourage the award of at least thirty-four percent (34%) of the total dollar value of all County contracts awarded, directly or indirectly, to County-based minority business enterprises or minority business enterprises. The value of subcontracts with County-based minority business enterprises or minority business enterprises shall be included in the computation of the above total dollar value. The Purchasing Agent may, after consultation with the Supplier Development and Diversity Division, require that the competitive bidding of contracts be restricted to minority business enterprises or County-based minority business enterprises owned by minority individuals as defined in Section 10A-101(a), provided there are at least three (3) minority business enterprises or County-based minority business enterprises that are providers in the trade of goods or services for which the contract is advertised. No contract shall be awarded pursuant to this provision if the resultant low bid exceeds by fifteen percent (15%) the most recent unit price for the same or most recently comparable goods or services, unless the Supplier Development and Diversity Division determines that prices in the relevant market have increased for all vendors without regard to minority status beyond fifteen percent (15%) since the last time similar goods or services were procured. The Purchasing agent shall consider the following criteria in determining whether to utilize a procurement method authorized in this Section: Whether the procedure selected is likely to increase the number of minority business enterprises or County-based minority business enterprises responding to the County's procurement requirements; Whether the procedure selected is likely to increase the dollar value of procurement awards to minority business enterprises or County-based minority business enterprises; Whether the procedure selected is likely to further the County's goals under this Division 6 of the Code without unnecessarily interfering with the efficient operation of the County government; and Whether the procedure selected is the most effective alternative available which will further the goals stated in this Section. The Purchasing Agent shall require that a bidder uses its "best efforts" to first use County-based minority business enterprises to fulfill any of the minority business enterprise goals and requirements of this Section. If not enough County-based minority business enterprises are demonstrated to be available after "best efforts" are exercised in the judgment of the Purchasing Agent, the Purchasing Agent may then allow the bidder to meet any of the minority business enterprise goals and requirements of this Section with minority business enterprises, if available. In this Section, the term "best efforts" means efforts to the maximum extent practicable have been made to meet the goal or requirement. If, upon investigation by the Supplier Development and Diversity Division, any Minority Business Enterprise which has been certified by the Supplier Development and Diversity Division misrepresented its status either as a County-based business or as a Minority Business Enterprise and no contract with the County is existing, the following shall occur: The Minority Business Enterprise shall be barred from award of any County contract or participation in any contract awarded by the County for a period of one year commencing upon the date written findings of such misrepresentations are made by the Executive Director, regardless of subsequent changes in the minority business enterprise's status; and The officers, directors, partners, or owners of the firm and any firm controlled or managed by them shall be barred from award of any County contract or participation in any contract awarded by the County for a period of one year commencing upon the date written findings of such misrepresentation are made by the Executive Director, regardless of subsequent changes in the minority business enterprise's status. If, upon investigation by the Supplier Development and Diversity Division any firm which has been certified by the Supplier Development and Diversity Division is awarded a contract with the County as a result of this Division is found to have misrepresented its status as either a County-based Minority Business Enterprise or a minority business enterprise, the following shall occur: The contract price shall be reduced to the bid price of the apparent lowest responsive bidder or the contract shall be terminated, if in the best interests of the County; The firm shall be barred from award of any County contract or participation in any contract awarded by the County for a period of three (3) years commencing upon the date written findings of such misrepresentations are made by the Supplier Development and Diversity Division, regardless of subsequent changes in the Minority Business Enterprise's status; and The officers, directors, partners, or owners of the firm and any firm controlled or managed by them shall be barred from award of any County contract or participation in any contract awarded by the County for a period of three (3) years commencing upon the date written findings of such misrepresentation are made by the Supplier Development and Diversity Division, regardless of subsequent changes in the Minority Business Enterprise's status. If the Supplier Development and Diversity Division, after investigation, determines that any such individual or firm that has been awarded a County contract has misrepresented its status as either a Minority Business Enterprise or a County-based minority business enterprise, the Supplier Development and Diversity Division may request the County Attorney to institute proceedings pursuant to Section 10A-139. Any effort at brokerage or any other arrangement or agreement which attempts to, is intended to, or has the effect of causing fraudulent benefit from the provisions of this Division or is otherwise determined by the Supplier Development and Diversity Division to be in circumvention of the requirements of this Division shall be strictly prohibited and shall be barred from award of any County contract. The County Executive may, by executive order, impose such additional requirements as may be deemed appropriate to effectuate the overall policy of this Division 6 to encourage and increase certified Minority Business Enterprise participation in the award of County contracts. The Supplier Development and Diversity Division shall provide certification of minority business enterprise status, as such term is set forth in Section 10A-101(a) of this Code. The Supplier Development and Diversity Division shall maintain a register of all applicants for certification showing for each applicant the date of the application, name, qualifications, place of business, place of applicant's residence, and action taken on the application. Certification of any business firm as a minority business enterprise may take into account the certification of such firm by any jurisdiction, association, organization or entity: That has entered into a reciprocal acceptance of minority business enterprise certification agreement with the County; or That administers a minority business enterprise certification program that is substantially equivalent to the program operated by the Supplier Development and Diversity Division; or That administers a minority business enterprise certification program utilizing eligibility criteria that is likely to further the County's goals under this Division 6 of the Code, as determined by the Purchasing Agent. Any person may assert charges of a violation of this Division against any applicant for certification, or certified minority business enterprise. Such charges shall be in writing and sworn to by the complainant and submitted to the Executive Director. If, after an investigation of the allegations the Executive Director believes that no violation has occurred, the charge may be dismissed. Such charge, unless dismissed by the Executive Director without a hearing, shall be heard and determined by the Executive Director within ninety (90) days after the date on which it was filed. After a hearing, the Executive Director may decertify the respondent or take such other action as deemed appropriate. Any person adversely affected by the dismissal of a complaint by the Executive Director or by the decision of the Executive Director following a hearing may appeal such dismissal or decision to the Commission within thirty (30) days after the date of the dismissal or the decision. The Executive Director may decertify any minority business enterprise upon findings by the Executive Director of any of the following conditions: The minority business enterprise is subject to debarment or suspension in accordance with Section 10A-148 of this Code; The minority business enterprise has practiced fraud or deceit for the purpose of obtaining certification; The minority business enterprise has furnished to the Supplier Development and Diversity Division incomplete or substantially inaccurate ownership or financial information; The minority business enterprise has failed to report any change which affects its qualification for certification; or, The minority business enterprise has willfully violated any provision of this Division. The Purchasing Agent shall hear the appeal of any determination made by the Supplier Development and Diversity Division to deny minority business enterprise status certification and shall hear the appeal of any decision by the Executive Director to decertify any minority business enterprise. Such appeal shall be heard and determined by the Purchasing Agent within ninety (90) days after the date on which it was filed. Regardless of any minority business certifications issued by other jurisdictions or entities or related reciprocal agreements, the Executive Director shall decertify any business as a minority business enterprise that the Executive Director determines does not meet the requirements of Sections 10A-101(a)(26)(A) and 10A-101(a)(26)(B) of the Code. Such a business shall not be recognized by the Purchasing Agent or Supplier Development and Diversity Division as a minority business enterprise.